"The business classification is a requirement of capacity and solvency must certify businesses in procedures for the award of certain typical administrative contracts (Article 65 of TRLCSP).
The fourth transitional provision of TRLCSP amended by Article 43 of Law 14/2013 of 27 September, supporting entrepreneurs and their internationalization concerning the determination of cases where it is required the classification of companies states that paragraph 1 of article 65, as determined by the contracts for the celebration of which is required prior classification enter into force in accordance with the provisions of the regulations implementing this law which are defined groups, subgroups and categories that classify these agreements and continues in force until then, paragraph 1 of article 25 of the revised Act contractres of government.
However, the classification is not required in works contracts estimated value of less than € 500,000 or contracts for services estimated value of less than 200,000 euros.
They do not require business classification, so typical concession contracts for public works, public service management, supply, collaboration between the public sector and the private sector and certain categories of services (*). In these contracts, whatever your budget tender must necessarily require proof of economic solvency and technical bidders according to one, several or all means provided for in articles 74 to 79 in the TRLCSP depending on the typical contract in question.
In works contracts estimated value of less than 500,000 euros and services estimated value of less than € 200,000 can not be established as a prerequisite to apply for the classification of companies. These tenders must be determined in the Administrative clauses the economic, financial and technical entrepreneurs by one, several or all means to the provisions of Articles 74 and 79 of TRLCSP included this information in the ad tender.
Require business classification as a mandatory condition for participation in tenders for contracts for works and services when the estimated value is less established in the 4th DT. TRLCSP -modifying by Article 43 of Law 14/2013 of 27 September-, is to prevent the participation of companies not classified contracts, according to the current regulations do not require this capability requirement.
Imposing a requirement (for example, business classification) that prevents the participation of companies in public tenders when the legal requirement does not require this directly affects the principle of concurrent business activity is not subject to the Administration Act and therefore, we can say that root vitiate the validity of the contract award. "